Queensland state political reporter

An inquiry has begun into the deaths of four men during the Rudd government's home insulation scheme.

Christine and Kevin Fuller know what killed their son - "arrogance, stupidity and assumptions".

They have sat through coronial inquests, a senate inquiry and countless reviews since the 25-year-old was killed while laying insulation sheeting in a home in Logan south of Brisbane in October 2009.

They know the what. They want to know the how. How did a federal government scheme intending to boost the economy during the global financial crisis lead to the deaths of four young men, the injury of many more, at least 1000 electrified roofs and hundreds of home fires? Ian Hanger QC, the man chosen to head up the Royal Commission into the Home Insulation Program wants answers to the same questions.

The $25 million commission began in Brisbane on Monday, where Mr Hanger outlined his terms of reference, in front of federal government counsel, stakeholders and the families of those who had lost their lives during the 2009/10 program.

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"My aim is to find the answers to the questions unresolved in previous inquiries," he told them.

"What really went wrong? What made it go wrong? And how can this commission assist government and industry to ensure that circumstances like the ones we face here do not happen again."

Mr Hanger said his intention was "not to repeat the examination and findings of those inquiries" which had gone before, and neither was he interested in "endlessly” traversing “matters which have already been examined".

"However I will undertake a thorough inquiry, to collate and examine the existing evidence to fill in the many gaps in that evidence," he said.

"I have been asked, through the Letters Patent, to focus on how the actions of the Australian government may have contributed to those deaths, injuries and financial loss and damage to businesses."

Mr Hanger, assisted by Keith Wilson QC and Jonathan Horton, will investigate what the Rudd government knew and when, focusing on the way it "identified, assessed and managed workplace health and safety risks" and whether it had "sufficient regard for those risks" in its development and rollout of the program.

"I will investigate whether the government sought or received advice or warnings when establishing and implementing the program, and, if so, what action was taken in response," Mr Horton said in his opening address.

"I will examine whether the deaths of Matthew Fuller, Rueben Barnes, Mitchell Sweeney or Marcus Wilson were avoidable if there had been a different approach to identifying, assessing and managing workplace health and safety risks.

"I will examine the actions of the government and the Australian public service, I will consider the impact on pre-existing home insulation businesses and I will consider the relationship between government agencies in managing and co-ordinating responses to risk."

At least 76 parties have been summonsed to appear before the Royal Commission; and more are expected to be served with notice to appear.

It has not been confirmed whether former prime minister Kevin Rudd or then-environment minister Peter Garrett will be among those called to give evidence.

In his role as Counsel assisting the Commissioner, Mr Wilson reminded the room that the Royal Commission had an "armoury" of "coercive powers" to force people to appear, but that he hoped it would not be needed.

Mr Wilson made a point of mentioning the inquiry was not interested in seeing witnesses dealt with in an "adversarial" manner, as its aim was to find answers to those questions it believed had gone unanswered.

Given the number of coronial inquests and inquiries already held on the issue, criticism has been levelled at the need for a Royal Commission, with some labelling it a political witch hunt of the former government.

Outside the inquiry, lawyer Bill Potts, who has been given leave to appear on behalf of his client Murray Barnes, whose 16-year-old son Rueben was killed in November 2009 while laying insulation in a ceiling cavity in Rockhampton, said the families were not interested in political finger pointing.

"I am very concerned, as is Murray Barnes, that this does not turn into some political witch hunt or blame game," he said.

"Surely there were politicians, perhaps the [former] prime minister and others, who were very vital in making these decisions that led to these deaths.

"But to simply blame them is not an issue for us. What we want to know is the process by which these decisions were made. What we want to know is whether there were warnings, and if there were warnings, why were they not heeded.

"Justice, like closure, is a very much maligned term. We are not seeking justice or closure, we are seeking answers, we are seeking some kind of direction to prevent it happening again. Justice, at the end of the day, will be answers for Murray Barnes."

Mr Fuller agreed.

"I don't think being held accountable is the right phrase, I think people need to have ownership of the failings or inactions, to learn from those failings or inactions, and make sure it doesn't happen again," he said.

"Everybody in the media tends to pick out Kevin Rudd and [Peter] Garrett, but there are so many public servants, state and federal, that have questions that need answering. Who gets asked those questions is up to the commissioner."

Public hearings will be held in March and April, in both Brisbane and Canberra.

The Commissioner has a deadline of June 30 to hand down his findings.

Deaths arising from Labor's home insulation scheme:

• October 14, 2009: Matthew Fuller, 25, is electrocuted laying insulation sheeting in the ceiling cavity of a house in Meadowbrook (Qld). He had started work with the company 12 days earlier.

• November 18, 2009: Rueben Barnes, 16, electrocuted laying batts in the ceiling cavity of a house at Stanwell (Qld). He had started with the company 21 days earlier.

• November 21, 2009: Marcus Wilson, 19, dies from hyperthermia complications after installing batts in a St Clair (NSW) home in 40-degree heat.

• February 4, 2010: Mitchell Sweeney, 22, is electrocuted laying insulation sheeting in the ceiling cavity of a home at Millaa Millaa (Qld). He had started at a new company a week earlier.

131 comments

It seems to me that Australia has always had cowboy traders - big and small - with keen noses for government moneys - ever since the First Fleet.

What sort of nanny state and what sort of legislation would we need to stop cowboys?

Commenter

Patrick

Date and time

December 23, 2013, 1:41PM

This is not about cowboy traders. This is about getting a cheap shot at the previous government. Nothing more and nothing less.

I bet Rudd must be wishing he called a Royal Commission into the AWB scandal.

Commenter

Whyalla Wipeout

Date and time

December 23, 2013, 2:32PM

Political show trial.

Commenter

Stan

Date and time

December 23, 2013, 2:51PM

The way the scheme was setup by the former Labor govt that any fly by night operator could setup shop and get funds from the govt without any questions asked.

This is why this scheme turned out to be a disaster and killed people, the way govt throws money at a crowded shopping mall and stampede results.

The apartment block I used to stay before , someone managed to get money from the labor govt despite the impossibility of installing pink bats on a apartment block.

this has to be the most disastrous scheme ever implemented by the federal govt, hope Rudd or whoever responsible for this scheme implementation goes to jail.

Commenter

Regh

Date and time

December 23, 2013, 2:58PM

So this government wants to initiate Commission for every issues it want to blame Labor for and waste taxpayers' money whilst the Holden workers are on its way to economic 'liberation'.

Commenter

Commission Galore

Date and time

December 23, 2013, 3:01PM

Wakey wakey, Wipeout. It's more than just getting a cheap shot at the Rudd Government. It's about why the processes were allowed to carry on when all the official advice was saying not to do it. It also goes to the unsuitability of Rudd to have ever run the country. So, I suppose you believe he should just skulk away in the shadows without any review or understanding of what he did?

The Coalition Government would indeed be very silly if they instituted a Royal Commission when there was nothing to report, wouldn't they, especially as the RC is set up to uncover the truth? You know, everything, warts and all, good and bad?

Commenter

RobP

Date and time

December 23, 2013, 3:28PM

Whyalla Wipeout... One was called, by the Howard Government

Commenter

Shakes head and grunts

Date and time

December 23, 2013, 3:38PM

Rp, as an extension of your logic, there needs to be a Royal Commission into the AWB and another the WMD's in Iraq then? Since Iraq was invaded, thousands and thousands of people died (200,000+), and there were no Weapons of Mass Destruction to be found, Howard should be tried as a war criminal?

Commenter

wdawes

Date and time

December 23, 2013, 3:38PM

Regh, the queensland coroner has already determined 2 deaths were caused by lack of surpervision and another by a worker not following workplace safety rules. This witch hunt is purely political and you can be sure Abbott & co dont give a stuff for those workers that died either by disreegarding their own workplace safety or due to cowboys that broke workplace safety laws by not providing sdequate supervision. Cowboys exist in almost every industry and no amount of government oversight will change that.You can be sure Abbott and co will rely on the journslistically challenged MSM to mention Rudd at every opportunity.Disgraceful.

Commenter

Caroline

Date and time

December 23, 2013, 3:41PM

wdawes,

Probably. The essential difference between the Howard and Rudd Govts is that the Howard Government was a capable administration that decided it would go to Iraq regardless, whereas the Rudd Government was an incompetent administration that dropped its bundle when it was put under pressure. As both led to bad outcomes and if it's good for one, it's also good for the other in my view. Whether a RC into the Iraq affair is appropriate or not, I don't know. Who would the Commissioners get appearing? Blair, Bush, Cheney? That'd be an administrative nightmare if it were attempted right now. Maybe in a decade or two when an international court gets its act together and the said gents are on walking sticks with no one left to defend them, perhaps?